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Mr. Jared Dains, E.I. <br />October 22, 2010 <br />Page 5 <br />5. Total consumption at the pit(s) must not exceed these aforementioned amounts unless <br />an amendment is made to this SWSP. <br />6. Approval of this SWSP is for the purposes as stated herein. Any additional uses for - <br />which the water may be used must first be approved by this office. Any future additional <br />historical consumptive use credit given (e.g. agricultural water transfer) for this site must <br />consider all previous credits given. <br />7. Applicant shall replace the net evaporative depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (December and <br />January) for any time that the exposed ground water in the pit is not completely covered <br />by ice. <br />8. The replacement water, which is the subject of this SWSP, cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this SWSP, the replacement <br />water must be appurtenant to this site until a plan for augmentation is obtained. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />9. The name, address and phone number of the contact person who will be responsible for <br />the operation and accounting of this SWSP must be provided with the accounting form to <br />the division engineer and water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accounting(&-state.co.us) and the water commissioner (George <br />Varra at Georae.Varra(&-state.co.us) on a monthly basis or other interval acceptable to <br />both of them. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. All amounts shall be in acre-feet. <br />11. All pumping for dust control and concrete production shall be measured in a manner <br />acceptable to the division engineer. Well permit no. 57724-F is used for drinking and <br />sanitary purposes, and must have a totalizing flow meter installed and maintained in <br />good working order. Permanent records of all diversions must be maintained by the well <br />owner (recorded at least monthly) and submitted to the division engineer and water <br />commissioner as required by the terms of this SWSP. <br />12. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />13. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 1 Water Court at least three (3) years prior to the completion of mining to <br />include, but not be limited to, long-term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this SWSP does not imply approval by this office of <br />any such court application(s).